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(b) Pursuant to the Wireless Master Plan process, Consultant shall identify <br />priority City Properties providing the greatest potential demand/revenue <br />opportunity for New Leases (the "Priority Sites"). During the duration of <br />this Agreement, Consultant shall have the exclusive right and authority to <br />(1) contact wireless providers and market the City Properties as potential <br />sites for New Leases (defined below); (2) accept submissions for <br />proposals for New Leases and negotiate with wireless providers with <br />respect to the terms and conditions of such New Leases; and (3) represent <br />itself as the City's exclusive consultant with respect to such New Leases <br />and the services being provided hereunder. The Consultant shall have no <br />authority to bind the City and all proposals for New Leases shall be <br />subject to City approval. The City agrees that it will forward all requests <br />or inquiries regarding potential New Leases to the Consultant, for the <br />Consultant to negotiate and coordinate before the proposal is formally <br />submitted to the City. The City will use its best efforts to expedite the <br />review of proposed New Leases that conform to the Form Lease <br />Agreements and provide any comments within 30 days of such <br />submission. The City further agrees to use reasonable efforts to expedite <br />and facilitate the approval and execution of New Leases for the Priority <br />Sites. Said grant of rights is specifically subject to City's reservation to <br />itself of the absolute discretion to approve /disapprove, for any reason, <br />any location and/or provision of any lease agreement recommended by <br />Consultant. <br />(c) Consultant shall inform City regarding new Wireless Services as they are <br />developed by the industry and, at the request of the City Manager or his <br />designated representative, assist the City in implementing a Wireless <br />Services siting ordinance to regulate Wireless Services located in City <br />right-of--way. Such assistance shall include providing information <br />regarding space, height and frequency requirements of current and <br />developing technologies, the ability of the technologies to be stealthed <br />and/or undergrounded, and legal restrictions imposed on municipalities. <br />2. COMPENSATION <br />City shall pay to Consultant, and Consultant shall accept from City, compensation <br />for services under this agreement as follows: <br />(a) Twenty Percent (20%) of the revenue from each New Lease (defined <br />below) over the life of the New Lease, including any renewals or extensions (all such <br />New Lease revenue payable to Consultant, including fees set forth in Section 5(c) below, <br />is referred to collectively herein as the "Consultant Lease Fees"). Consultant shalt only be <br />entitled to the Consultant Lease Fees to the extent actually paid by a Wireless Provider; if <br />a Wireless Provider fails to pay the amounts due under the New Lease, City shall have no <br />obligation to compensate Consultant, unless and until such amounts are recovered by the <br />City. For purposes of this Agreement, "New Lease" means any lease approved by the <br />City Council during the term of this Agreement (or where lease negotiations or the initial <br />2 5A-4 <br />